Wildlife Act, 1976

Destruction of vegetation on uncultivated land restricted.

40.—(1) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 15th day of April and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated or in course of cultivation for agriculture or forestry.

(2) Subsection (1) of this section shall not apply in relation to—

(a) the destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch;

(b) the cutting or grubbing of isolated bushes or clumps of gorse, furze or whin or the mowing of isolated growths of fern in the ordinary course of agriculture;

(c) the cutting, grubbing or destroying of vegetation in the course of any works being duly carried out by a Minister of State or a body established or regulated by or under a statute;

(d) the destroying of any noxious weed to which the Noxious Weeds Act, 1936 , applies;

(e) the clearance of vegetation in the development or preparation of sites on which any building or other structure is intended to be provided;

(f) the removal or destruction of vegetation required by a notice served by the Minister under section 62 (1) of the Act of 1946 to be removed or destroyed;

but this subsection shall not operate to exclude from subsection (1) of this section anything done by burning.